§ 28A-19-3. Limitations on presentation of claims. - North Carolina Statutes

§28A‑19‑3.  Limitations on presentation of claims.

(a)        All claims againsta decedent's estate which arose before the death of the decedent, exceptcontingent claims based on any warranty made in connection with the conveyanceof real estate and claims of the United States and tax claims of the State ofNorth Carolina and subdivisions thereof, whether due or to become due, absoluteor contingent, liquidated or unliquidated, secured or unsecured, founded oncontract, tort, or other legal basis, which are not presented to the personalrepresentative or collector pursuant to G.S. 28A‑19‑1 by the datespecified in the general notice to creditors as provided for in G.S. 28A‑14‑1(a)or in those cases requiring the delivery or mailing of notice as provided forin G.S. 28A‑14‑1(b), within 90 days after the date of the deliveryor mailing of the notice if the expiration of said 90‑day period is laterthan the date specified in the general notice to creditors, are forever barredagainst the estate, the personal representative, the collector, the heirs, andthe devisees of the decedent.  Provided further, if the expiration of said 90‑dayperiod is later than the date specified in the general notice to creditors, thenotice delivered or mailed to each creditor, if any, shall be accompanied by astatement which specifies the deadline for filing the claim of the affectedcreditor.

(b)        All claims againsta decedent's estate which arise at or after the death of the decedent, exceptclaims of the United States and tax claims of the State of North Carolina andsubdivisions thereof whether due or to become due, absolute or contingent,liquidated or unliquidated, secured or unsecured, founded on contract, tort, orother legal basis are forever barred against the estate, the personalrepresentative, the collector, the heirs, and the devisees of the decedentunless presented to the personal representative or collector as follows:

(1)        With respect to anyclaim based on a contract with the personal representative or collector, withinsix months after the date on which performance by the personal representativeor collector is due;

(2)        With respect to anyclaim other than a claim based on a contract with the personal representativeor collector, within six months after the date on which the claim arises.

(c)        Except as otherwiseprovided by subsection (f) of this section, no claim shall be barred by thestatute of limitations which was not barred thereby at the time of thedecedent's death, if the claim is presented within the period provided bysubsection (a) hereof.

(d)        All claims ofcreditors upon whom there has been personal service of notice as provided inG.S. 28A‑14‑3 are forever barred unless presented to the personalrepresentative or collector within the time and manner set out in this Article.

(e)        Except as otherwiseprovided by subsection (f) of this section, unless a claim has been presentedpursuant to G.S. 28A‑19‑1 giving notice of an action or specialproceeding pending against a decedent at the time of his death and survivingunder G.S. 28A‑18‑1 within the time provided by subsection (a) ofthis section, no recovery may be had upon any judgment obtained in any suchaction or proceeding against the estate, the personal representative, thecollector, the heirs, and the devisees of the decedent.

(f)         All claimsbarrable under the provisions of subsections (a) and (b) hereof shall, in anyevent, be barred if the first publication or posting of the general notice tocreditors as provided for in G.S. 28A‑14‑1 does not occur withinthree years after the death of the decedent.

(g)        Nothing in thissection affects or prevents any action or proceeding to enforce any mortgage,deed of trust, pledge, lien (including judgment lien), or other securityinterest upon any property of the decedent's estate, but no deficiency judgmentwill be allowed if the provisions of this section are not complied with.

(h)        The word"claim" as used in this section does not apply to claims of heirs ordevisees to their respective shares or interests in the decedent's estate intheir capacity as such heirs or devisees.

(i)         Nothing in thissection shall bar:

(1)        Any claim allegingthe liability of the decedent or personal representative; or

(2)        Any proceeding oraction to establish the liability of the decedent or personal representative;or

(3)        The recovery on anyjudgment against the decedent or personal representative

to the extent that the decedentor personal representative is protected by insurance coverage with respect tosuch claim, proceeding or judgment or where there is underinsured or uninsuredmotorist coverage that might extend to such claim, proceeding, or judgment. (1973,c. 1329, s. 3; 1977, c. 446, s. 1; 1979, c. 509, s. 1; 1989, c. 378, s. 3, c.485, s. 65.)